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KINNEY v. ST. PAUL MERCURY INSURANCE CO.

No. 83-0668.

120 Ill. App.3d 294 (1983)

458 N.E.2d 79

JOHN D. KINNEY et al., Plaintiffs-Appellants, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed December 12, 1983.

Attorney(s) appearing for the Case

Freeborn & Peters, of Chicago (Leland W. Hutchinson, Jr., of counsel), for appellants.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (James T. Ferrini, Norman A. Miller, Timothy J. Reagan, and George D. Gardner, of counsel), for appellee.

Judgment affirmed.

JUSTICE GOLDBERG delivered the opinion of the court:

John D. Kinney and Teresa B. Kinney (plaintiffs) brought this action against their insurer, St. Paul Mercury Insurance Company (defendant). Plaintiffs' second amended complaint consists of three counts. Count I seeks compensatory damages of $20,000 based on an alleged breach of contract. Count II seeks $20,000 as compensatory damages and $5,000 as a penalty based on an alleged breach of...

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